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Section 31: Order of discharge from asylum by visitors

Indian Lunacy Act 1912Union territory Act of Chandigarh · Act 4 of 1912

(1) Three of the visitors of any asylum, of whom one shall be a medical officer, may, by order in writing, direct the discharge of any person detained in such asylum, and such person shall thereupon be discharged :

Provided that no order under this sub-section shall be made in the case of a person detained under reception order under Sec. 12, or, in the case of a criminal lunatic, otherwise than as provided by Sec. 30 of the Prisoners Act, 1900 (3 of 1900).

(2) When such order is made, if the person is detained under the order of any public authority, notice of the order of discharge shall be immediately communicated to such authority.

32. Discharge of lunatics in other cases and of European military lunatics—(1) A lunatic detained in any asylum under a reception order, made on petition, shall be discharged if the person on whose petition the reception order was made so applies in writing to the person in charge of the asylum :

5 Halsbury's Laws of England, Vo!. i9, p. 467.

6 Sbubs, by Act 11 of 1923, for "confined".

7 Subs, by A. X O. 1950.

13

Provided that no lunatic shall be discharged under the provisions of sub-section (1) if the officer-in-charge of the asylum certifies in writing that the lunatic is dangerous and unfit to be at large.

(2) A person detained in any asylum under a reception order made under Sec. 12 shall be detained therein until he is discharged therefrom in accordance with the military "[naval] 8[or air force] regulations in force for the time being or until the officer making the order applies for his transfer to the military 58 [naval] 3[or air force] authorities in view to his removal to England.

(3) Whenever it appears to the officer-in-charge of an asylum that the discharge of a person therein detained under an order made under Sec. 12 is necessary either on account of his recovery, or for any other purpose, such person shall be brought before the visitors of the asylum, and on the visitors recording their opinion that the discharge should be made, the general or other Officer Commanding the division, district, brigade or force, or other officer authorized to order the admission of such persons into an asylum, shall forthwith direct him to be discharged, and such discharge shall take place in accordance with military naval or air force regulations in force for the time being.

Where this provision sits

ActIndian Lunacy Act 1912
Section31
Marginal noteOrder of discharge from asylum by visitors
JurisdictionUnion territory of Chandigarh
StatusIn force as published by the source

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